Roberts et al v. The State of New York et al

Plaintiff: Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire and Roberts
Defendant: Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna, New York State Civil Service Commission, New York State Civil Service Department, New York State and Local Retirement System and The State of New York
Case Number: 1:2012cv00046
Filed: January 10, 2012
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Albany
Presiding Judge: Mae A D'Agostino
Referring Judge: Christian F Hummel
Nature of Suit: Constitutional - State Statute
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 24, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2015 Filing 59 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 46 Motion for Judgment on the Pleadings; Approving in part and rejecting in part Report and Recommendations re # 54 Report and Recommendations. Signed by U.S. District Judge Mae A. D'Agostino on 3/20/15. (ban)
August 17, 2014 CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk modified the docket text in the # 57 docket entry to reflect that the filing is an Objection and not an Appeal of Magistrate Judge's Decision. The Clerk also removed the Motion hearing, Response, and Reply deadlines. No responses to be filed. (ban)
August 11, 2014 Filing 58 OBJECTION to # 54 Report and Recommendations by Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire. (Attachments: # 1 Memorandum of Law)(Gray-Nelson, Erica)
August 11, 2014 Filing 57 OBJECTIONS TO REPORT-RECOMMENDATION Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna re # 54 REPORT AND RECOMMENDATIONS re # 46 MOTION for Judgment on the Pleadings filed by Robert L. Megna, Andrew M. Cuomo, J. Dennis Hanrahan, Patricia A. Hite, Caroline W. Ahl, Thomas P. DiNapoli Motion Hearing set for 9/16/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/2/2014 (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Certificate of Service)(Engel, Justin) Modified on 8/13/2014 to correctly label document (lah).
August 5, 2014 Filing 56 NOTICE of Appearance by Justin L. Engel on behalf of Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna (Engel, Justin)
August 4, 2014 Filing 55 NOTICE of Appearance by Helena Lynch on behalf of All Defendants (Lynch, Helena)
July 25, 2014 Filing 54 REPORT AND RECOMMENDATION and ORDER: it is ORDERED that pltfs' # 43 motion for leave to amend the complaint is DENIED; RECOMMENDED that defts' # 46 MOTION for Judgment on the Pleadings be DENIED . Objections to R&R due by 8/11/2014. Signed by Magistrate Judge Christian F. Hummel on 7/25/2014. (see)
July 12, 2014 Filing 53 REPLY to Response to Motion re # 46 MOTION for Judgment on the Pleadings filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Sprague, Laura)
July 10, 2014 Filing 52 TEXT ORDER REFERRING MOTION: It is hereby ORDERED that pursuant to 28 U.S.C. 636(B), Fed. R. Civ. P. 72, and Local Rule 72.3, Defendants' # 46 MOTION for Judgment on the Pleadings filed by Robert L. Megna, Andrew M. Cuomo, J. Dennis Hanrahan, Patricia A. Hite, Caroline W. Ahl, Thomas P. DiNapoli, be REFERRED to Magistrate Judge Christian F. Hummel for the issuance of a Report-Recommendation and Order. Signed by U.S. District Judge Mae A. D'Agostino on 7/10/14. (ban)
July 8, 2014 Filing 51 RESPONSE in Opposition re # 46 MOTION for Judgment on the Pleadings filed by Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire. (Gray-Nelson, Erica)
July 8, 2014 Filing 50 REPLY to Response to Motion re # 43 First MOTION to Amend/Correct Complaint filed by Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire. (Gray-Nelson, Erica)
June 4, 2014 Filing 49 TEXT ORDER granting in part # 47 Letter Motion from Erica C. Gray-Nelson for Roberts plaintiffs re # 46 Motion for Judgment on the Pleadings: The Motion for Judgment on the Pleadings Return date is reset for 7/15/14 (ON SUBMIT) before Judge D'Agostino. No personal appearances are necessary. The motion will be decided on the submission of the papers only. The response is due 7/8/14; Reply due 7/15/14. Signed by U.S. District Judge Mae A. D'Agostino on 6/4/14. (ban)
June 4, 2014 Filing 48 TEXT ORDER partially granting [Docket # 47] Letter Request to extend reply deadline to [Dkt 43] First MOTION to Amend/Correct Complaint : Reply to Response to Motion due by 7/8/2014. The portion of (Dkt #47) letter motion requesting an extension on Dispositive Motion for Judgment on the Pleadings refers to a separate motion before the US District Judge and will be addressed by Judge D'Agostino. Authorized by Magistrate Judge Christian F. Hummel on 6/34/14. (cjm, )
June 4, 2014 Reset Deadlines as to # 46 MOTION for Judgment on the Pleadings . Motion Hearing is reset for 7/15/2014 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 7/8/2014; Reply to Response to Motion due by 7/15/2014. (ban)
June 3, 2014 Filing 47 Letter Motion from Erica C. Gray-Nelson for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Adjournment submitted to Judge Christian F. Hummel . (Gray-Nelson, Erica)
May 28, 2014 Filing 46 MOTION for Judgment on the Pleadings Motion Hearing set for 7/1/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 6/16/2014 Reply to Response to Motion due by 6/20/2014. filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Attachments: # 1 Memorandum of Law, # 2 Appendix of unreported cases, # 3 Declaration of service) (Sprague, Laura)
May 28, 2014 Filing 45 RESPONSE in Opposition re # 43 First MOTION to Amend/Correct Complaint and Memorandum of Law in Support of # 46 Motion for Judgment on the Pleadings filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Attachments: # 1 Appendix of unreported cases, # 2 Declaration of service)(Sprague, Laura) Modified on 6/2/2014 (ban).
April 8, 2014 Filing 44 TEXT ORDER denying # 40 Letter Request. On March 12, 2014, the Court issued an Order setting a briefing schedule for the filing of a Motion to Amend the Complaint and a later Motion Seeking Class Certification. Dkt. No. # 39 . The Order further stayed discovery, with limited exceptions, pending a decision on any Motion to Amend the Complaint and any Motion Seeking Class Certification. Dkt. No. # 39 . By letter motion dated March 18, 2014, Plaintiffs seek reconsideration of the Court's general stay of discovery. Dkt. No. # 40 . Defendants have opposed that request. Dkt. No. # 41 . The Court has considered Plaintiff's motion for reconsideration and it is DENIED for the reasons set forth on the record by the Court on March 11, 2014. As the scope of this matter will not be determined until a decision on a Motion to Amend and a Motion Seeking Class Certification, conducting extensive discovery at this time serves no legitimate purpose. SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 4/8/14. (aaf, )
April 3, 2014 Reset Deadlines as to # 43 First MOTION to Amend/Correct Complaint : Pursuant to Judge Hummel's 3/12/14 # 39 Text order, Response to Motion due by 5/28/2014, Reply to Response to Motion due by 6/9/2014. (ban)
March 28, 2014 Filing 43 First MOTION to Amend/Correct Complaint Motion Hearing set for 6/19/2014 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 6/2/2014 filed by Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire. (Attachments: # 1 Affirmation Erica Gray-Nelson, # 2 Appendix, # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Supplement) Motions referred to Christian F. Hummel. (Gray-Nelson, Erica)
March 21, 2014 Filing 42 NOTICE of Appearance by Rachel M. Kish on behalf of Caroline W. Ahl, Andrew M. Cuomo, Patricia A. Hite, Robert L. Megna (Kish, Rachel)
March 19, 2014 Filing 41 RESPONSE to Motion re # 40 Letter Motion from Erica Gray-Nelson for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Depart filed by Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna. (Attachments: # 1 Attachment)(Sprague, Laura)
March 18, 2014 Filing 40 Letter Motion from Erica Gray-Nelson for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Reconsideration of Stay of Discovery submitted to Judge Hummel . (Gray-Nelson, Erica)
March 12, 2014 Filing 39 ORDER: Pursuant to the 3/11/2014 conference, it is Ordered that to the extent that any plaintiffs wish to file a Motion to Amend, such requests are GRANTED, Motions to Amend shall be filed by 3/28/2014, Response papers shall be filed by 5/28/2014, Reply papers shall be filed by 6/9/2014. To the extent that any plaintiffs wish to file a Motion for Class Certification, such requests are GRANTED. Motions for Class Certification shall be filed within 60 days of the Court's decision on the Motions to Amend, Response paper shall be filed within 60 days of the filing of any Motion for Class Certification, any Reply papers shall be filed within 14 days of the response papers. Discovery shall be HELD IN ABEYANCE pending resolution of the pending motions to amend except that plaintiffs may conduct limited discovery as noted herein. Signed by Magistrate Judge Christian F. Hummel on 3/12/2014. (jmb)
March 11, 2014 Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel (FTR Recorded: 10:30-11:00): Appearances: Erica C. Gray-Nelson, Esq., Laura Sprague, Esq. Discovery Hearing held on 3/11/2014. Plaintiffs' counsel indicates clients with to move to amend and move for class certification. Motion to amend schedule set as follows: Motions to be filed by 3/28; Responses by 5/28; Replies by 6/9. Motion for class certification schedule set as follows: Motions to be filed within 60 days of Court's decision on motion to amend; responding papers to be filed within 60 days of motion for class certification; reply papers to be filed within 14 days of responding papers. Discovery held in abeyance with limited exception regarding names of individuals involved in 1982 and 1983 collective bargaining agreements and their successors. Written order to follow. (Court Reporter Lisa Tennyson) (aaf, )
March 10, 2014 Filing 38 NOTICE of Appearance by Laura A. Sprague on behalf of Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna (Sprague, Laura)
February 24, 2014 Filing 37 TEXT ORDER granting [DKT # 33] Letter Request, Pre-Motion Filing Conference is set for 3/11/2014 10:30 AM in person in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 2/24/14. (cjm, )
February 24, 2014 Filing 36 TEXT ORDER granting [Dkt #35] Letter Request, A Pre-Motion Filing Conference is set for 3/11/2014 10:30 AM in person in Albany before Magistrate Judge Christian F. Hummel.Authorized by Magistrate Judge Christian F. Hummel on 2/24/13. (cjm, )
February 3, 2014 Filing 35 Letter Motion from Erica C. Gray-Nelson for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Pre-Motion Conference to Amend Complaint submitted to Judge Christian F. Hummel . (Gray-Nelson, Erica)
January 21, 2014 TEXT ORDER granting # 34 Letter Request. The Joinder of Parties deadline is hereby extended to MARCH 20, 2014. Authorized by Magistrate Judge Christian F. Hummel on 1/21/2014. (lah)
January 17, 2014 Filing 34 Letter Motion from Erica C. Gray-Nelson for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Adjournment submitted to Judge Hummel . (Gray-Nelson, Erica)
January 14, 2014 Filing 33 Letter Motion from Erica C. Gray-Nelson for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Pre-Motion Conference submitted to Judge Hummel . (Gray-Nelson, Erica)
October 22, 2013 Filing 32 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 1/21/2014. Amended Pleadings due by 3/20/2014. Discovery due by 7/21/2014. Motions to be filed by 10/31/2014. Signed by Magistrate Judge Christian F. Hummel on 10/22/13. (cjm, )
October 18, 2013 Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Rule 16 Pretrial Conference held on 10/18/2013. Appearances: Erica Gray-Nelson, Esq., Charles Quakenbush, AAG. Plaintiff will be making a motion to Amend Complaint as well as adding two parties. Judge Hummel suggest that plaintiff get defendants to stipulate to the amendment. Deadlines set for the progression of the case. A Mid-Discovery Status Conference is set for 3/21/2014 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. (cjm, )
October 18, 2013 Set Deadlines/Hearings: Mid-Discovery Status Conference set for 3/21/2014 10:00 AM in person in Albany before Magistrate Judge Christian F. Hummel. (cjm, )
October 4, 2013 Filing 31 CIVIL CASE MANAGEMENT PLAN by Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire. (Gray-Nelson, Erica)
October 2, 2013 Filing 30 TEXT ORDER granting # 29 Letter Request. Plaintiff's counsel is permitted to appear by telephone at the Initial Rule 16 Conference on 10/18/13. Dial-in instructions will subsequently be provided. Authorized by Magistrate Judge Christian F. Hummel on 10/02/13. (aaf, )
October 1, 2013 Filing 29 Letter Motion from Erica C. Gray-Nelson, Esq. for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Teleconference for Rule 16 Conference submitted to Judge Christian F. Hummel . (Gray-Nelson, Erica)
October 1, 2013 Filing 28 TEXT ORDER granting # 27 Letter Request, Civil Case Management Plan due by 10/8/2013. Initial Conference for present as well as related cases set for 10/18/2013 10:00 AM in Albany before Magistrate Judge Christian F. Hummel.Authorized by Magistrate Judge Christian F. Hummel on 10/1/13. (cjm, )
September 25, 2013 Filing 27 Letter Motion from Erica Gray-Nelson, Esq. for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Rule 16 Conference submitted to Judge Christian F. Hummel . (Gray-Nelson, Erica)
July 9, 2013 Filing 26 MEMORANDUM-DECISION AND ORDER denying # 22 Motion for Reconsideration. Signed by U.S. District Judge Mae A. D'Agostino on 7/9/13. (ban)
March 28, 2013 Filing 25 REPLY to Response to Motion re # 22 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. filed by Defendants. (Quackenbush, Charles)
March 22, 2013 Filing 24 RESPONSE in Opposition re # 22 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. filed by Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire. (Attachments: # 1 Affirmation, # 2 Appendix, # 3 Appendix, # 4 Appendix, # 5 Appendix, # 6 Appendix, # 7 Appendix)(Gray-Nelson, Erica)
February 26, 2013 Reset Deadlines as to # 22 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. : Response to Motion due by 3/22/2013, Reply to Response to Motion due by 3/28/2013. The Motion Hearing is reset for 4/2/2013 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. (ban)
February 26, 2013 TEXT ORDER granting # 23 Letter Request: The response to the Motion for Reconsideration is due 3/22/13; Reply due 3/28/13; The return date is reset for 4/2/13 (ON SUBMIT) before Judge D'Agostino. No personal appearances are necessary. The motion will be decided on the submission of the papers only. This is the final extension. No further extension requests will be entertained. Signed by U.S. District Judge Mae A. D'Agostino on 2/26/13. (ban)
February 22, 2013 Filing 23 Letter Motion from Erica Gray-Nelson for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Extension to File Response to Defendants' Motion for Reconsideration submitted to Judge Mae A. D'Agostino . (Gray-Nelson, Erica)
February 11, 2013 NOTICE: Rule 16 conference before Magistrate Judge Hummel will be held in abeyance pending a decision on the Dispositive Motion by Judge D'Agostino. Parties are to notify Judge Hummel's chambers if a Rule 16 conference is necessary upon a decision of the District Judge. (cjm, )
February 7, 2013 Filing 22 MOTION for Reconsideration of the Court's Decision/Order upon defendants' Rule 12(b) Motion. Motion Hearing set for 3/19/2013 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/4/2013 filed by Defendants. (Attachments: # 1 Memorandum of Law, # 2 Declaration of AAG Charles J. Quackenbush, # 3 Appendix A to Quackenbush Declaration) (Quackenbush, Charles)
January 11, 2013 Filing 21 ANSWER to # 1 Complaint,,, by Defendants.(Quackenbush, Charles)
December 17, 2012 ORDER granting # 20 Letter Request, Caroline W. Ahl answer due 1/11/2013; Andrew M. Cuomo answer due 1/11/2013; Defendants answer due 1/11/2013; Thomas P. DiNapoli answer due 1/11/2013; J. Dennis Hanrahan answer due 1/11/2013; Patricia A. Hite answer due 1/11/2013; Robert L. Megna answer due 1/11/2013; New York State Civil Service Commission answer due 1/11/2013; New York State Civil Service Department answer due 1/11/2013; New York State and Local Retirement System answer due 1/11/2013; The State of New York answer due 1/11/2013. Authorized by Magistrate Judge Christian F. Hummel on 12/17/12. (cjm, )
December 14, 2012 Filing 20 Letter Motion from AAG Charles J. Quackenbush for Defendants requesting an extension of defendants' answer date to January 11, 2013 submitted to Judge Christian F. Hummel . (Quackenbush, Charles)
December 3, 2012 Filing 19 MEMORANDUM-DECISION AND ORDER granting in part and denying in part # 10 Motion to Dismiss for Lack of Subject Matter Jurisdiction: ORDERED that defendants motion to dismiss plaintiffs complaint (Dkt. No. 10) is GRANTED IN PART AND DENIED IN PART; it is further ORDERED that defendants motion to dismiss plaintiffs complaint as against the State of New York, New York State Civil Service Department, New York State Civil Service Commission and New York State and Local Retirement System is GRANTED. All claims against these defendants are dismissed; it is further ORDERED that defendants motion to dismiss plaintiffs claims for monetary damages asserted against defendants Hite, Ahl, Hanrahan, Megna and DiNapoli in their official capacity is GRANTED; it is further ORDERED that defendants motion to dismiss plaintiffs claims for injunctive and declaratory relief asserted against defendants Hite, Ahl, Hanrahan, Megna and DiNapoli in their official capacity is GRANTED only to the extent that such claims seek retrospective relief; it is further ORDERED that defendants motion to dismiss plaintiffs Article 78 claims is GRANTED; it is further ORDERED that defendants motion is denied in all other respects. Signed by U.S. District Judge Mae A. D'Agostino on 12/3/12. (ban)
September 4, 2012 Filing 18 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Christian F. Hummel for all further proceedings. Magistrate Judge David R. Homer no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 9/4/2012. (dpk)
May 14, 2012 TEXT NOTICE. The Rule 16 Conference previously set for 6/26/2012 at 9:00 AM with Magistrate Judge Homer is ADJOURNED WITHOUT DATE pending decision on the dispositive motion before the District Court.(lah, )
April 27, 2012 Filing 17 REPLY to Response to Motion re # 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants. filed by The State of New York. (Quackenbush, Charles)
April 25, 2012 Filing 16 Letter Motion from Charles J. Quackenbush for The State of New York requesting an extension of defendants' 12(b) Reply date to April 27, 2012 submitted to Judge Mae A. D'Agostino . (Quackenbush, Charles)
April 25, 2012 TEXT ORDER granting # 16 Letter Request for an extension to file reply papers: Reply to Response to Motion due by 4/27/2012. Signed by U.S. District Judge Mae A. D'Agostino on 4/25/12. (ban)
April 18, 2012 Filing 15 AFFIDAVIT in Opposition re # 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants. filed by Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire. (Attachments: # 1 Appendix, # 2 Appendix)(Gray-Nelson, Erica)
April 18, 2012 Filing 14 MEMORANDUM OF LAW In Opposition to the Motion to Dismiss filed by Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire. (Gray-Nelson, Erica)
April 16, 2012 Filing 13 Letter Motion from Erica C. Gray-Nelson for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Permission to Exceed Page Limit submitted to Judge Mae A. D'Agostino . (Gray-Nelson, Erica)
April 16, 2012 TEXT ORDER granting in part and denying in part # 13 Letter Request: Plaintiff's request to file and serve a memorandum of law in opposition to the motion to dismiss not to exceed 35 pages is denied. Plaintiff's are permitted to file a memorandum of law not to exceed 30 pages. Signed by U.S. District Judge Mae A. D'Agostino on 4/16/12. (ban)
March 16, 2012 Filing 12 STATUS REPORT regarding 03/16/12 SDNY preliminary injunction Decision/Order by The State of New York. (Attachments: # 1 03/16/12 SDNY preliminary injunction Decision/Order)(Quackenbush, Charles)
March 5, 2012 Filing 11 Letter Motion from District Council 37 for Maurice Bouyea, Mildred Brown, District Council 37, AFSCME, AFL-CIO, Norma Galloway, Charmaine Hardaway, Dennis Ifill, Clifford Koppelman, Lillian Roberts, Steven Schwartz, The Court, County and Department of Probation Employees Unit, Local 1070, The Rent Regulation Services Unit Employees, Local 1359, Shanomae Wiltshire requesting Extension of Time to Submit Opposition Papers to Defendants' Motion to Dismiss submitted to Judge D'Agostino . (Gray-Nelson, Erica)
March 5, 2012 Reset Deadlines as to # 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants. : Response to Motion due by 4/18/2012, Reply to Response to Motion due by 4/25/2012. Motion Hearing is reset for 5/15/2012 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. (ban)
March 5, 2012 TEXT ORDER granting # 11 Letter Request: The return date is adjourned to May 15, 2012 (ON SUBMIT). No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response due 4/18/12; Reply due 4/25/12. Signed by U.S. District Judge Mae A. D'Agostino on 3/5/12. (ban)
March 1, 2012 Filing 10 MOTION to Dismiss for Lack of Subject Matter Jurisdiction on behalf of all defendants. Motion Hearing set for 4/3/2012 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/19/2012 Reply to Response to Motion due by 3/23/2012. filed by The State of New York. (Attachments: # 1 Memorandum of Law, # 2 Declaration of AAG Quackenbush, # 3 Appendix A to Quackenbush Declaration, # 4 Appendix B to Quackenbush Declaration, # 5 Appendix C to Quackenbush Declaration, # 6 Appendix D to Quackenbush Declaration, # 7 Appendix E to Quackenbush Declaration, # 8 Appendix F to Quackenbush Declaration, # 9 Appendix G to Quackenbush Declaration, # 10 Appendix H to Quackenbush Declaration, # 11 Appendix I to Quackenbush Declaration, # 12 Appendix J to Quackenbush Declaration, # 13 Appendix K to Quackenbush Declaration) (Quackenbush, Charles)
February 29, 2012 Filing 9 ORDER granting # 8 Letter Request. Request is GRANTED up to 40 pages. Signed by Magistrate Judge David R. Homer on 2/29/2012. (dpk)
February 28, 2012 Filing 8 Letter Motion from AAG Charles J. Quackenbush for The State of New York requesting permission to submit a Memorandum exceeding 25 pages upon defendants' Motion to Dismiss submitted to Judge David R. Homer (on behalf of all defendants) . (Quackenbush, Charles)
February 1, 2012 Filing 7 ORDER granting # 6 Letter Request, Caroline W. Ahl answer due 3/16/2012; Andrew M. Cuomo answer due 3/16/2012; Thomas P. DiNapoli answer due 3/16/2012; J. Dennis Hanrahan answer due 3/16/2012; Patricia A. Hite answer due 3/16/2012; Robert L. Megna answer due 3/16/2012; New York State Civil Service Commission answer due 3/16/2012; New York State Civil Service Department answer due 3/16/2012; New York State and Local Retirement System answer due 3/16/2012; The State of New York answer due 3/16/2012 Signed by Magistrate Judge David R. Homer on 2/1/2012. (mgh)
January 31, 2012 Filing 6 Letter Motion from AAG Charles J. Quackenbush for Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna, New York State Civil Service Commission, New York State Civil Service Department, New York State and Local Retirement System, The State of New York requesting an extension of defendants' answer/motion due date to March 16, 2012 submitted to Judge David R. Homer . (Quackenbush, Charles)
January 17, 2012 Filing 5 AFFIDAVIT of Service for Summons, Complaint, Filing Order and Corporate Disclosure Statement served on Cuomo, Megna, Hite, Ahl, Civil Service Dept, Civil Service Comm, Hanrahan, NYSLRS, DiNapoli on 01/13/2012, filed by District Council 37, AFSCME, AFL-CIO. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit)(Gray-Nelson, Erica)
January 11, 2012 Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by District Council 37, AFSCME, AFL-CIO. (Gray-Nelson, Erica)
January 11, 2012 Filing 3 Summons Issued as to Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna, New York State Civil Service Commission, New York State Civil Service Department, New York State and Local Retirement System. (Attachments: # 1 Summons Issued as to the NYS Civil Service Department, # 2 Summons Issued as to Patricia A. Hite, # 3 Summons Issued as to the New York State Civil Service Commission, # 4 Summons Issued as to Caroline W. Ahl, # 5 Summons Issued as to J. Dennis Hanrahan, # 6 Summons Issued as to Robert L. Megna, # 7 Summons Issued as to the NYS and Local Retirement System, # 8 Summons Issued as to Thomas P. DiNapoli)(dpk)
January 11, 2012 Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/26/2012 at 9:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 6/12/2012. (dpk)
January 10, 2012 Filing 1 COMPLAINT against Caroline W. Ahl, Andrew M. Cuomo, Thomas P. DiNapoli, J. Dennis Hanrahan, Patricia A. Hite, Robert L. Megna, New York State Civil Service Commission, New York State Civil Service Department, New York State and Local Retirement System and The State of New York (Filing fee $350 receipt number 2066387) filed by The Court, County and Department of Probation Employees Unit, Local 1070, Maurice Bouyea, The Rent Regulation Services Unit Employees, Local 1359, Norma Galloway, Lillian Roberts, Mildred Brown, Steven Schwartz, District Council 37, AFSCME, AFL-CIO, Clifford Koppelman, Shanomae Wiltshire, Charmaine Hardaway and Dennis Ifill. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dpk)

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Search for this case: Roberts et al v. The State of New York et al
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Plaintiff: Maurice Bouyea
Represented By: Erica C. Gray-Nelson
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Plaintiff: Mildred Brown
Represented By: Erica C. Gray-Nelson
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Plaintiff: District Council 37, AFSCME, AFL-CIO
Represented By: Erica C. Gray-Nelson
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Plaintiff: Norma Galloway
Represented By: Erica C. Gray-Nelson
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Plaintiff: Charmaine Hardaway
Represented By: Erica C. Gray-Nelson
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Plaintiff: Dennis Ifill
Represented By: Erica C. Gray-Nelson
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Plaintiff: Clifford Koppelman
Represented By: Erica C. Gray-Nelson
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Plaintiff: Lillian Roberts
Represented By: Erica C. Gray-Nelson
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Plaintiff: Steven Schwartz
Represented By: Erica C. Gray-Nelson
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Plaintiff: The Court, County and Department of Probation Employees Unit, Local 1070
Represented By: Erica C. Gray-Nelson
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Plaintiff: The Rent Regulation Services Unit Employees, Local 1359
Represented By: Erica C. Gray-Nelson
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Plaintiff: Shanomae Wiltshire
Represented By: Erica C. Gray-Nelson
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Plaintiff: Roberts
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Defendant: Caroline W. Ahl
Represented By: Charles J. Quackenbush
Represented By: Justin L. Engel
Represented By: Rachel M. Kish
Represented By: Helena Lynch
Represented By: Laura A. Sprague
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Defendant: Andrew M. Cuomo
Represented By: Charles J. Quackenbush
Represented By: Justin L. Engel
Represented By: Rachel M. Kish
Represented By: Helena Lynch
Represented By: Laura A. Sprague
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Defendant: Thomas P. DiNapoli
Represented By: Charles J. Quackenbush
Represented By: Justin L. Engel
Represented By: Helena Lynch
Represented By: Laura A. Sprague
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Defendant: J. Dennis Hanrahan
Represented By: Charles J. Quackenbush
Represented By: Justin L. Engel
Represented By: Helena Lynch
Represented By: Laura A. Sprague
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Defendant: Patricia A. Hite
Represented By: Charles J. Quackenbush
Represented By: Justin L. Engel
Represented By: Rachel M. Kish
Represented By: Helena Lynch
Represented By: Laura A. Sprague
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Defendant: Robert L. Megna
Represented By: Charles J. Quackenbush
Represented By: Justin L. Engel
Represented By: Rachel M. Kish
Represented By: Helena Lynch
Represented By: Laura A. Sprague
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Defendant: New York State Civil Service Commission
Represented By: Charles J. Quackenbush
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Defendant: New York State Civil Service Department
Represented By: Charles J. Quackenbush
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Defendant: New York State and Local Retirement System
Represented By: Charles J. Quackenbush
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Defendant: The State of New York
Represented By: Charles J. Quackenbush
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